Drunk driving remains one of the most dangerous and reckless behaviors on the road. When a pedestrian is struck by an intoxicated driver, the consequences are often devastating. Victims may suffer serious, life-altering injuries. They deserve strong legal representation to pursue justice and compensation.
In 2023, of the 1,114 traffic fatalities in New York State, 34 percent involved a driver who had ingested alcohol prior to the crash. This staggering figure shows just how dangerous drunk driving is for other drivers; it’s even more so for pedestrians. Pedestrians are at higher risk for more serious injuries due to the fact that they are out in the open, unprotected.
Time is critical after a pedestrian accident, especially when a drunk driver is involved. Don’t wait to get the legal help you need. Call Cellino Law today for a free consultation and take the first step toward justice and recovery.
Why Do Drunk Driving Pedestrian Accidents Happen?
Most pedestrian injuries caused by drunk drivers occur at night, in urban areas, or near crosswalks and intersections. Alcohol impairs judgment, slows reaction time, and reduces a driver’s ability to detect pedestrians or obey traffic signals. Many drunk drivers also fail to yield or misjudge distances, making pedestrian collisions more likely.
These accidents can happen when a pedestrian is lawfully crossing the street, walking along the shoulder, or even standing on a sidewalk. In some cases, impaired drivers veer off the road and strike people who are not even in traffic zones. Children, elderly individuals, and those walking in low-light conditions are especially at risk.
Drunk driving accidents often involve higher speeds or delayed braking, which leads to more severe pedestrian injuries. Victims can suffer broken bones, traumatic brain injuries, spinal damage, or worse. The driver’s level of intoxication is often a key factor in determining the severity of the accident and the legal outcome.
What Is Legally Considered a Hit-and-Run Accident?
A hit-and-run accident occurs when a driver involved in a crash leaves the scene without providing their information or assisting the injured. In New York, this is a serious criminal offense, especially if someone is hurt or killed. The law requires all drivers to stop, call emergency services if needed, and share contact and insurance details.
In drunk driving cases, hit-and-runs are unfortunately common. Impaired drivers may flee to avoid arrest or attempt to hide their intoxication. Some leave the scene out of panic, while others may not even realize they hit a person due to their level of impairment.
Legally, leaving the scene adds additional criminal charges to the drunk driver’s offense. This behavior can also lead to harsher civil penalties and may significantly strengthen a victim’s personal injury case. If the driver is not immediately found, you may still be able to pursue compensation through other legal channels, including uninsured motorist coverage.
What Should a Pedestrian Do After a Drunk Driving Accident?
The first and most important step is to seek medical attention, even if you don’t believe you’re seriously hurt. Internal injuries, concussions, and fractures may not be immediately obvious.
Call 911 and wait for emergency responders to arrive, so the incident is officially documented. After seeking medical treatment and reporting the incident, if able, you should also try to gather information.
The following are ways to gather evidence at the scene:
- Take photos of your injuries
- Take photos of the vehicle (if present)
- Document the surrounding area
- Speak to any witnesses and ask for their contact information
The final step is especially important, as witnesses sometimes have video footage or eyewitness accounts to share. These can be vital to your case later.
Do not make any statements to the at-fault driver’s insurance company before speaking with a lawyer. Insurance adjusters may try to minimize your claim or shift blame. Contact an experienced pedestrian accident attorney as soon as possible to protect your rights and begin building your case.
Who Is Liable in a Drunk Driving Pedestrian Accident?
In nearly all cases, drunk drivers are liable for the injuries they cause. Driving while intoxicated is clear negligence under New York law, especially when it results in harm to a pedestrian. Civil liability exists in addition to any criminal charges the driver may face. That is where a personal injury lawyer comes in, to explain your rights to pursue a civil claim.
If the driver was under the legal drinking age or had been over-served at a bar or restaurant, additional parties may be held responsible under New York’s Dram Shop laws. These laws allow injury victims to pursue claims against businesses or individuals who knowingly provided alcohol to someone who was visibly intoxicated. This can increase the amount of compensation available to the injured pedestrian.
In some cases, liability may extend to vehicle owners who allowed an impaired person to drive their car. An experienced attorney can investigate all possible sources of fault and pursue every available legal option. Identifying all liable parties is critical for maximizing your financial recovery.
How Cellino Law Can Help
At Cellino Law, we have over 60 years of experience in representing pedestrian accident victims, including those injured by drunk drivers. Our attorneys understand the trauma these incidents cause and are committed to fighting for full and fair compensation for our clients. When we take on your case, we will investigate your accident thoroughly, gather evidence, and build a compelling case for your recovery.
We handle communication with insurance companies and defense lawyers so you don’t have to. Whether the driver stayed at the scene or fled, we’ll explore every avenue to hold the responsible parties accountable. Our goal is to help you recover compensation for medical bills, lost wages, pain and suffering, and other damages.
Contact us today to schedule a case review. We offer free consultations and work on a contingency fee basis – meaning you don’t pay unless we win your case. If you have been injured by a drunk or hit-and-run driver, you don’t need to go through the legal process alone. Let Cellino Law guide you with trusted support and aggressive representation.